Thomas v. Deason

In Thomas v. Deason, 289 Ga. App. 753, 755 (658 SE2d 165) (2008), a social guest was injured after stepping into a hole while walking the landowners' dog in the backyard. The guest testified that she "never saw the hole" before falling because "there was grass there" and "you couldn't tell it was a hole." 289 Ga. App. at 754. The landowners testified that they walked the dog around the property daily and inspected the yard for irregularities, but never saw the hole in which their guest fell. Under these circumstances, the Court affirmed summary judgment for the landowners because the guest failed to present evidence of their constructive knowledge of the defect.